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Divorce is not the only circumstance in which litigation may be required to address child custody. Custody may also be determined in legitimation and paternity cases, modification actions, and other unique situations. Regardless of the type of custody matter, Oxendine Law can help guide you through the process.

Divorce – Most parents going through a divorce agree that their children are their top priority. They want to ensure their children have stable, supportive homes while maintaining strong relationships with both parents. However, determining the right custody arrangement is not as simple as alternating weeks.

Important decisions must be be made regarding each parent’s responsibilities, including who will make final decisions about the child’s medical care, education, and other essential needs. During the emotional challenges of divorce, making these critical decisions objectively can be difficult.

Our experienced child custody lawyers at Oxendine Law bring decades of combined experience in divorce and family law litigation. We are well-versed in the legal process of establishing custody agreements and are committed to helping families create solutions that support a safe and positive future for their children.

To begin your child custody case, schedule a consultation with our family lawyers in Gwinnett County.

Legitimation and Paternity – Legitimation and paternity cases establish the custodial relationship between parents and their children. However, these cases differ significantly from divorce proceedings for several reasons. If you are navigating a custody case as an unwed father or as the mother of a child born out of wedlock, we can help.

At Oxendine Law, we are committed to educating fathers about Georgia law. A father must file a legitimation action in Superior Court to obtain custodial rights. This is the only way to be recognized as a legal father. If you are an unwed parent, contact us today to ensure you are informed and prepared.

Modification – Custody and parenting time arrangements are generally modifiable until the child reaches the age of majority. However, specific legal criteria must be met to file a valid modification action.

Our experienced attorneys can assess your situation to determine whether a modification is appropriate and, if so, guide you through each step of the process. Contact us today to learn more.

Frequently Asked Questions About Child Custody

Georgia child custody laws are more complex than many people realize. Take a look at some of the most common questions from our family law clients.
What, exactly, is ‘custody’ under Georgia Law?
There are two types of child custody addressed in every case: Legal custody: Legal custody refers to your right to act on behalf of your child and to be deemed a legal parent to your child. This includes the right to obtain the child’s medical and educational records, and otherwise act as their legal guardian. The vast majority of cases result in the parents sharing ‘joint legal custody’.  It is very rare for either parent to be awarded sole legal custody and that occurs only in extreme circumstances. Legal custody also includes the determination of which parent has final decision-making or “tie-breaking” authority over non-emergency medical decisions, educational decisions, extracurricular activity decisions and religious decisions.  However, this tie-breaking authority only kicks in if the parents aren’t able to agree after good faith discussions.  The tie-breaker never has the authority to act unilaterally. Physical custody: refers to where a child physically lives. If the partis share equal parenting time, the parents share ‘joint physical custody’. In a situation where one parent has more parenting time than the other, that parent is known as the ‘primary physical custodian’ and the parent with less than half is known as the ‘secondary physical custodian’.
No, not at all. The child custody laws in Georgia are gender-neutral. Both parents have the opportunity to present their case to the Court and request physical and legal custody without gender bias. There is no special treatment for mothers, and fathers are encouraged to request custody if desired. The standard by which the Court rules is the “best interests of the child” standard.
In complicated custody cases the court may require a custody evaluation, or even appoint a guardian ad litem. A guardian ad litem is an attorney appointed solely to represent the children and to assist the Court in determining what is in the best interests of the children.

Georgia’s Courts consider a variety of factors in every custody case, including:

  • Parents’ willingness to encourage a relationship between the child and the other parent
  • Living proximity between parents and child
  • Parents’ work schedules and flexibility to care for child
  • Relationship between the child and their siblings
  • Parents’ abilities to financially provide for the child
  • Safety of each home environment
  • Relationships between the child and each parent
  • Parents’ mental and physical health
  • Parents’ involvement in child’s educational, social and extracurricular activities
  • Evidence of domestic violence or abuse
  • Evidence of criminal activity
  • Child’s wishes (if the child is at least 14)

It can be challenging to account for all of these factors in order to show that you are a strong custodian for your child. Our child custody lawyers can guide you through the process.

We have multiple offices to accommodate your needs!

We have offices in Gwinnett and Athens, allowing us to serve the greater Gwinnett and Athens areas. Our coverage includes the following counties: Banks, Barrow, Cherokee, Clarke, Cobb, Dawson, DeKalb, Fayette, Forsyth, Franklin, Fulton, Greene, Gwinnett, Hall, Hart, Henry, Jackson, Madison, Morgan, Newton, Oconee, Oglethorpe, Rockdale, and Walton.

Schedule a Confidential Consultation Today​

Our attorneys provide confidential consultations in person, by phone, or via video conference. With multiple office locations available for your convenience, we make it easy to meet in the way that works best for you.

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